Paul Sinclair
Call Date
1997
Practice Areas
Paul Sinclair has a broadly-based commercial litigation and arbitration practice with particular expertise in the following fields:
- Insurance and reinsurance
- Civil fraud
- Commercial litigation
- Banking & finance
- Aviation
- Mediation
Recommendations (Practitioners' Guides)
Legal 500, 2003-2007: listed as a Leading Junior in the insurance and reinsurance section. In the 2007 edition, Paul was described as "extremely bright, very well organised and proactive, plus a first-rate draftsman" and a "junior to watch out for in commercial litigation."
Legal Experts, 2003-2006: nominated as an expert in insurance and reinsurance
Education
M.A Gonville & Caius College, Cambridge (First Class Honours, triple First)
LL.M Harvard Law School (Magna cum laude, equiv.)
Inns of Court School of Law (Outstanding)
Prizes & Scholarships
Variety of University prizes including: Sweet and Maxwell Prize (for highest First in Law in University), Schuldman Plate (for best overall graduate of Caius College), Scholar's Prize (x3), Sir William McNair Law Prize (x2) and George Long Prize.
Variety of Bar prizes including Barstow Scholarship, Middle Temple Certificate of Honour, Queen Mother Scholarship, Harmsworth Entrance Exhibition
Other Qualifications
CEDR Accredited Mediator
Recent Practice
Insurance & Reinsurance
Advisory work and litigation in wide variety of large and small insurance and reinsurance disputes including:
Hollywood Realisations Trust v Lexington Insurance Company and others
Junior counsel to David Railton QC and others for Lexington Insurance Company in the Flashpoint film finance litigation (2001-3)
Involvement in subsidiary litigation arising out of above in this jurisdiction and in the USA including assistance with RICO proceedings in US District Court of Pennsylvania (2004)
Axa v Camperdown (UK) Limited and London and Edinburgh
Junior counsel to Marcus Smith on insurance and reinsurance dispute in Commercial Court (2004)
Sphere Drake v Nationwide General Insurance Company
Junior counsel to Tim Howe QC on insurance and reinsurance dispute in arbitration and in Commercial Court (2004)
Carvill v Camperdown
Junior counsel to Tim Howe QC for reinsurers in Commercial Court dispute concerning incidence of liability for brokerage on reinsurers or reinsureds (2005)
Cinerenta
Counsel for insurers in three film finance disputes in Commercial Court (2005-6)
HSB Engineering Insurance Limited v Fauji and others
Counsel for insured in insurance dispute in Commercial Court and TCC concerning construction of electricity generating power station in Pakistan (2005-6)
TAG litigation
Junior counsel to David Railton QC for Europ Assistance Insurance in group litigation involving legal expense insurance policies underwritten relating to The Accident Group (2006)
Involvement in a number of confidential reinsurance and insurance arbitrations and/or in confidential pre-litigation advisory work including:
- Junior counsel to David Railton QC in ARIAS arbitrations (2005)
- Junior counsel to David Railton QC in advising capital provider of funds at Lloyd’s on application of reinsurance recoveries (2005-6)
- Junior counsel to David Railton QC in advising capital provider of funds at Lloyd’s on application of reinsurance recoveries (2005-6)
- Junior counsel to David Railton QC in proposed reinsurance dispute in Commercial Court concerning professional indemnity insurance (2005-6)
- Advising reinsurer on reinsurance recoveries in proposed Commercial Court dispute (2005-6)
- Acting for reinsurance company in confidential arbitration concerning compliance with premium payment condition (2006)
Civil Fraud
Wide experience of applications for freezing injunctions and related matters.
Tajik Aluminium v Ermatov and others
Instructed with Brian Doctor QC and Ros Phelps in extremely substantial ongoing litigation concerning allegations of fraud and conspiracy arising out of dealings in Tajikistan (2005-6). Successfully set aside without notice freezing injunction: [2005] EWHC 2241 (Ch) [2005] All ER (D) 250 (Oct). Successfully maintained jurisdiction over certain Part 20 Defendants: June 2006.
Tajik Aluminium v Hydro [2005] EWCA Civ 1218, [2006] 1 WLR 767 (CA)
Satellite litigation relating to Tajik Aluminium v Ermatov concerning witness summonses in aid of arbitral proceedings (2005)
Party A v Party B
Confidential arbitration claim in ICC Arbitration and Commercial Court arising out of dispute concerning commercial agreements (2005-6)
President of Equatorial Guinea v Logo Limited and others [2005] EWHC 2034 (QB)
Instructed with Michael McLaren QC in case relating to alleged coup in Equatorial Guinea concerning allegations of unlawful means conspiracy and consideration of elements of the tort including, in particular, need for actionability. Currently on appeal to the House of Lords. (2005-6)
Great Wealth Telecom v Simtel and others
Claim involving allegations of conspiracy and procuring breach of contract in timing of receivership (2005-6)
Lexington v Tarlo Lyons and others
Instructed with David Railton QC in ongoing Commercial Court claim involving allegations of conspiracy, deceit and procuring breach of contract against a partner and his firm in connection with Flashpoint film finance (2005-6)
Commercial Litigation
Advised in respect of a large number of contractual disputes of varying size and nature in Commercial Court, Queen’s Bench Division, county court and arbitration. Including – in addition to cases listed in sections above:
Moneygram v Travelex: instructed with David Railton QC and Edward Levey on case involving breach of confidentiality and restrictive covenants (2003)
Lawrence v Investec: Junior counsel to Anthony Boswood QC and Craig Orr QC on litigation arising out of Claims Direct placing (2004-5)
Arbitration
Considerable experience of involvement in numerous insurance and reinsurance and other commercial arbitrations including ICC and ARIAS arbitrations.
Banking & Finance
Acted for (and against) clearing banks in a wide variety of cases. Subject matters include cheque conversion, breach of mandate, bailment and a variety of disputes concerning the enforceability of securities, including guarantees and mortgages. Particular advisory work on Statute of Frauds, Shared Appreciation Mortgages and subrogation.
Aviation
Instructed by Qantas to assist Bankim Thanki QC in preparation for hearings and settlement of skeleton arguments for the Deep Vein Thrombosis and Air Travel Group Litigation in the High Court and Court of Appeal (2003). Instructed by other airlines on advisory matters and for litigation.
Mediation
Paul is a CEDR qualified mediator and has been involved in mediations in an advisory and participatory capacity as well as acting as assistant mediator.
Publications
Regular contributor to Insurance and Reinsurance Law Briefing
Contributing Editor of Commercial Court Procedure (Sweet & Maxwell)
Contributor to Bullen & Leake & Jacob’s Precedents of Pleadings on aviation precedents (Sweet and Maxwell)
Joint author, Carriage by Air (Butterworths)
The “Aviation” section in Bullen Leake & Jacob’s Precedents of Pleadings
Other Experience
Director of Fulham Legal Advice Centre